Before you embark on any legal action you have to understand the laws surrounding your particular case. This guide is intended to make you aware of rights as you file your lawsuit. It is advisable to procure the services of a qualified NY lawyer before pursuing a claim.
There is a need to file your lawsuit against those who caused you physical damage within the allotted time. In New York, you have three years from the time of the injury to build your case and file your action with the courts. If a physical injury has occurred and you want your case to be heard you have to comply with the statute.
If you want to bring a case you, the plaintiff, have to prove that the person who caused you to be injured had a duty of care to you. This takes many forms. I could be your employer failed to make your work environment safe. For example, if the employer failed to clean spillage on the floor and you injure yourself as a result of slipping on the spillage they have breached a duty of care and could be found responsible for your accident.
Furthermore, a driver who did not pay due diligence to you on the road either ad a pedestrian or a fellow driver could be deemed liable to pay compensation. Duty is defined by the context of the people involved in the case.
New York employers are required to have workers’ comp benefits insurance coverage. You may be entitled to the financial replacement of your wages based o two-thirds of the value of your income. This could be in the form of disability payment. New York workers’ comp law does not require your employer to keep your job open for you, but in some cases, the federal Family and Medical Leave Act (FMLA) will apply. If the FMLA applies, your employer has to keep your job open for you.
Unlike other states, New York will hear cases where the plaintiff is also partially responsible for the accident. It will make a difference in the total amount of compensation available. Establishing who is a fault and the relevance of what is called contributory negligence is important. If the plaintiff is found to be partially responsible then the percentage of mutual responsibility must add up to one hundred percent. This makes cases a little more complicated.
Regarding car accidents, New York is a no-fault state. You are expected to turn to your own insurance company to claim compensation for medical bills and salary loss. This is unless you have a serious injury as defined by law and are pursuing the case via the court system.
If you have a full disability for 90 days after the accident or a bone fracture you may decide to make a claim have
a permanent or significant limitation of use of body organ or function this is also a relevant consideration for a lawsuit.
There is no actual statute in New York governing personal injury liability for dog bites. Owners will be held liable for injuries caused by their dog (or other animals) if the injured party can show that the owner “should have known” the animal was dangerous. The plaintiff must not have provoked the dog and was able to be in proximity of the animal. If not then the defendant becomes liable.
If a dog or breed is known for biting then the owner is expected to take precautionary measures to stop this from happening. Furthermore, if it attacks and injures or kills a person, service dog, farm animal, or domestic animal without justification it is deemed dangerous. This also includes behavior in a way that would make it reasonable for the plaintiff to believe the dog poses a real and unjustified immediate threat of serious injury or death.
In New York, if you are filing a case against an employee or agency of the government, either at the local or state level the rules are slightly different. The main difference is you only have 90 days to submit your claim. In addition, you may have to file a notice of claim prior to submitting a lawsuit. The city may try to settle without going to court. There are many factors to consider when filing against the government and it is recommended that you engage the services of a qualified lawyer before proceeding.